(a)Effective date of determination of capital category. A bank shall be deemed to be within a given capital category for purposes of section 38 of the FDI Act and this part as of the date the bank is notified of, or is deemed to have notice of, its capital category pursuant to paragraph (b) of this section.
(b)Notice of capital category. A bank shall be deemed to have been notified of its capital levels and its capital category as of the most recent date:
(1) A Consolidated Report of Condition and Income (Call Report) is required to be filed with the OCC;
(2) A final report of examination is delivered to the bank; or
(3) Written notice is provided by the OCC to the bank of its capital category for purposes of section 38 of the FDI Act and this part or that the bank's capital category has changed as provided in paragraph (c) of this section or § 6.1 of this subpart and subpart M of part 19 of this chapter.
(c)Adjustments to reported capital levels and capital category—
(1)Notice of adjustment by bank. A bank shall provide the OCC with written notice that an adjustment to the bank's capital category may have occurred no later than 15 calendar days following the date that any material event has occurred that would cause the bank to be placed in a lower capital category from the category assigned to the bank for purposes of section 38 and this part on the basis of the bank's most recent Call Report or report of examination.
(2)Determination to change capital category. After receiving notice pursuant to paragraph (c)(1) of this section, the OCC shall determine whether to change the capital category of the bank and shall notify the bank of the OCC's determination.
Title 12 published on 2014-01-01
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